Title, commencement and application 1. 1997 c. 50. 9.—(1) A person selected in accordance with regulations 7(2) or 8(2) must be approved by the best interests assessor or the supervisory body. For the words “sections 37, 38 or 39 of the Act” in regulation 5(1) (appointment of independent mental capacity advocates) substitute the following words—. (a)a person has not been selected for appointment as representative in accordance with regulations 7(2) or 8(2), or. The identity of the supervisory body is determined in accordance with paragraphs 128, 180, 181 and 182 of Schedule A1 to the Mental Capacity Act 2005 (“the Act”). Paid Relevant Person’s Representatives provide representation and support to people in a hospital or care home who lack mental capacity to agree to the care being provided to them that involves restrictions on their liberty and so has been authorised under the Deprivation of Liberty Safeguards. Access essential accompanying documents and information for this legislation item from this tab. (2) For the purpose of these Regulations “supervisory body” (“corff goruchwylio”) includes a Local Health Board exercising supervisory functions in accordance with regulation 3. Regulations 18 and 19 are transitional provisions which amend the Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Wales) Regulations 2007 (S.I. (3) Subject to any directions given by Welsh Ministers, the supervisory functions exercisable by a Local Health Board may, by arrangement with that Board, and subject to such restrictions and conditions as the Board may think fit, be exercised—. Being deemed a Relevant Person Individuals not automatically deemed to be Relevant Persons can be deemed to be a Relevant Person. (2) Where the best interests assessor or supervisory body does not approve a person selected—, (a)they may approve another person selected in accordance with regulations 7(2) or 8(2); or. A person must be engaged in the business of providing advice. Sometimes this role is taken unpaid by the person’s friend or family member. 17. 5. Determination of capacity. 2005 c. 9. 18.—(1) The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Wales) Regulations 2007(13) are amended in accordance with the following paragraph. (2) A person is to be appointed as a representative in accordance with Part 5. (2) Where the appointment of a representative is to be terminated in accordance with regulation 14 the supervisory body must notify—, (d)any independent mental capacity advocate appointed in accordance with the Act; and. Dartington: Research in Practice. the best interests assessor may select a person in accordance with regulation 10. a person has not been selected for appointment as representative in accordance with regulations 7(2) or 8(2), or. Confirmation of eligibility of family member, friend or carer and recommendation to the supervisory body. the relevant person has a donee or deputy(. Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) Regulations 2008 on Statute Law Database. Download citation file. What is a Relevant Person's Representative? (i)not employed to work in the relevant person’s supervisory body in a role that is, or could be, related to the relevant person’s case. the brother, sister, uncle, aunt, niece, nephew or first cousin (whether of the full blood or of the half blood or by marriage or civil partnership) of that person or of that person’s spouse, former spouse, civil partner or former civil partner. Continuing to carry out your role as a DoLS independent mental capacity advocate (IMCA) or relevant person’s representative (RPR) If you’re an IMCA or … 3.—(1) Each Local Health Board will exercise the supervisory functions—, (a)in relation to any person who is, or is likely to be, accommodated in a hospital (whether NHS or independent hospitals) in its area for the purposes of receiving relevant care or treatment(3); and. 8. [S 81/2017 wef 01/04/2017] 7. However, they may wish to provide a written report if there are disputes, such as t… (d) provide that where a relevant person has a donee of a Lasting Power of Attorney or Court appoint deputy that donee or deputy may select a representative providing it is within the scope of his or her authority (regulation 8);